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Firm fined after worker fell 7m from forklift truck

A worker suffered serious injuries when he fell while carrying out maintenance work at a Lincolnshire seafood processing factory, a jury was told.

Virginius Kurselis was standing inside a box held up by a forklift truck when he fell seven metres while painting at the Fishgate Ltd factory at Brookenby near Market Rasen.

Mr Kurselis spent four weeks on hospital and underwent two operations as a result of injuries he received as a result of the fall in July 2013.

His left leg was shattered and his right foot was broken. He also suffered a cracked pelvis and a dislocated right arm.

Robert Stevenson, prosecuting, said that Mr Kurselis was employed as a packer but was asked to paint gutterings and down pipes in preparation for a visit from a customer.

Mr Kurselis initially used a ladder but changed and stood in a box which was lifted by a forklift truck to the required height.

Mr Stevenson said: “Unfortunately the box tipped forward and Mr Kurselis fell.

“Mr Kurselis was employed as a factory operative. His role was as a packer but on the day he was asked to do some painting.

“The company was expecting a visit from a new customer and wanted the building to look more presentable.

“He wasn’t given any training as to how to safely carry out that work.

“There was an absence of any instruction and there was an absence of any supervision.”

Fishgate Ltd of Brookenby Business Park, Binbrook, denied a charge of failing to discharge a duty of health, safety and welfare of an employee.

The firm was convicted by a jury following a short trial and fined £100,000 and ordered to pay £19,032 prosecution costs

The company is currently in administration and was not represented in court.

Recorder Paul Mann QC, passing sentence, said: “Mr Kursilis was given no advice as to how to do this safely and no equipment apart from a tin of paint and a brush.

“This was an accident waiting to happen.

“He was very badly injured. He could so easily have been killed.”

Lincolnshire Reporter

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Pothole injury claims against the council

For motorists, cyclists and motorcyclists, there are many potential dangers on the road. One such hazard is potholes. These can cause a variety of accidents and injuries, and this can mean that if you hit a pothole in the road, you may be able to make a pothole injury claim for compensation.

It is thought that there are as many as ten potholes for every mile of road in the UK, which means that there is a risk of accident during any road journey made by car, bicycle or motorcycle. It is such a huge problem there is even a dedicated website called potholes.co.uk. As well as causing damage to a vehicle or a bicycle, potholes can also cause serious personal injuries. These can include:

  • Falls causing serious head injuries, fractures, cuts and bruises.
  • Muscle strains caused by sudden movement.
  • Whiplash style injuries from sudden jerks or drops in the road.

Responsibility For Potholes Claim

The state of public roads and highways is usually the responsibility of the local council as highways authority or the highways agency for major roads. Locally this will mainly be Lincolnshire County Council Highways Department, which has an obligation to carry out road tarmac repairs to maintain the highway in a safe condition. To do this they carry out regular potholes inspections in order to carry out a pothole repair once dangerous pot holes have been identified. Identification is often by members of the public who are encouraged to report potholes to the council.

A pothole claim can therefore be made against the council, where it must be proven that:

  • The highway or road was in a dangerous condition.
  • The dangerous condition of the highway came about because of poor road tarmac maintenance by the council.
  • The council was therefore responsible for the injuries sustained by the cyclist or motorist.

As part of a pothole claim the council’s inspection records are made available and if inspections are not regularly carried out, or repairs are not performed within a reasonable time frame, any injuries caused by potholes may become the fault of the council.

If you have suffered such an injury or pothole damage and feel it may be the fault of the local council authority, you may be able to make a compensation claim.

Specialist Pothole Injury Claim Solicitor

It is important that you have an experienced potholes injury claim solicitor otherwise your claim is unlikely to get far as the council routinely reject such cases. To pursue a pothole injury claim in Louth or Grimsby, Lincolnshire against Lincolnshire County Council, following an injury on a poorly maintained highway, get in touch by calling 01507 609027 or online for a free, no-obligation consultation about your case. All cases are pursued on a no win no fee basis, with no hidden charges. I have dealt with countless pothole claims against Lincolnshire County Council with an excellent success rate.

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What’s my whiplash claim worth?

How much compensation will I get for my whiplash symptoms?

Although no two injuries are the same, the Judicial College has set out guidelines for the assessment of damages for whiplash injury symptoms relating to neck pain, stiff neck, shoulder pain, lower back pain, headaches, concussion and tinnitus as follows:-

Neck Pain

Minor whiplash injury symptoms for neck pain

Minor soft tissue damage, neck pain, stiff neck etc., where whiplash symptoms last anywhere between a few weeks and a year – £875 to £3,520

Minor soft tissue damage, neck pain, stiff neck etc., where whiplash symptoms resolve within 2 years – £3,520 to £6,380

Moderate whiplash injury symptoms for neck pain

More serious soft tissue damage, neck pain, stiff neck etc., where whiplash symptoms resolve within 5 years – £6,380 to £11,110

Severe Whiplash injury symptoms for neck pain

Serious soft tissue damage, neck pain, stiff neck etc., where whiplash symptoms will take over 5 years to resolve and are likely to be permanent with increased vulnerability to complications in the future. Serious limitation of movement, stiffness or discomfort is typical in severe cases of whiplash symptoms – £11,110 to £20,185

The most severe neck injuries – in the region of £119,900

Back Pain

Minor whiplash injury symptoms for lower back pain

Minor soft tissue damage, back and lower back pain etc., where whiplash symptoms last anywhere between a few weeks and two years – £875 to £6,380

Minor soft tissue damage, back and lower back pain etc., where whiplash symptoms last anywhere between a few weeks and five years – £6,380 to £10,120

Moderate whiplash injury symptoms for lower back pain

More serious soft tissue damage, back and lower back pain etc., where whiplash symptoms last more than five years – £10,120 to £22,240

Severe Whiplash injury symptoms for lower back pain

Serious soft tissue damage, back and lower back pain etc., where whiplash symptoms will take over 5 years to resolve and are likely to be permanent with increased vulnerability to complications in the future. Serious limitation of movement, stiffness or discomfort is typical in severe cases of whiplash symptoms – £22,240 to £31,350

The most severe back injuries – £73,700 to £130,130

Shoulder Pain

Minor whiplash injury symptoms for shoulder pain

Minor soft tissue damage and shoulder pain etc., where whiplash symptoms last up to two years – £875 to £6,380

Moderate whiplash injury symptoms for shoulder pain

More serious soft tissue damage and shoulder pain etc., where whiplash symptoms last up to two years or longer but not permanent – £6,380 to £10,340

Severe Whiplash injury symptoms for shoulder pain

Serious soft tissue damage and shoulder pain etc., where whiplash symptoms are likely to be intrusive and permanent. Serious limitation of movement, stiffness or discomfort is typical in severe cases of whiplash symptoms – £10,340 to £15,510

The most severe shoulder injuries – £15,510 to £38,830

Psychological Injury Less severe to moderate psychological injury –£1,238 to £15,400

Tinnitus

Slight or occasional tinnitus (noises e.g. ringing or buzzing in head or ears) – up to £10,175

Headaches

Minor headaches – £875 to £1,788

Specialist Whiplash Injury Claims Lawyer

It is important that you have an experienced whiplash symptoms solicitor handling your claim otherwise you are likely to get less than you are entitled to. To ensure you receive full compensation for your car accident whiplash injury claim in Louth or Grimsby, Lincolnshire get in touch with me by calling 01507 609027 or online for a free, no-obligation consultation about your case. All cases are pursued on a no win no fee basis, with no hidden charges.

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Grantham firm fined after death of forklift driver

A Grantham company has been fined £300,000 at Lincoln Crown Court for a breach of health and safety regulations following the death of a forklift truck driver.

Vacu-Lug Traction Tyres Ltd, based at Gonerby Hill Foot, had previously admitted a charge of failing to ensure the health and safety of its employees following the death of Stephen Woollas in July 2014.

The company was also ordered to pay £25,000 towards prosecution costs.

Mr Woollas, who was not wearing a seat belt, died after the forklift truck he was driving tipped over crushing him underneath it.

Alex Stein, prosecuting, said that although the company had health and safety policies in place requiring workers to wear seat belts they did not enforce it.

The investigation into the death of Mr Woollas revealed that the warning device on the seat belt which should have sounded if the belt was not being worn had been disabled.

Instead the belt had been clipped into the latching mechanism behind the seat. Other forklift trucks at the premises, which remoulds tyres, also had the warning device disabled.

The company also failed to enforce a policy that forklift driver should only use reverse when their view going forwards was obstructed.

At the time of the fatal incident Mr Woollas was moving a load of tyres while travelling forward but was unable to fully see what was ahead of him.

Mr Stein said: “Mr Woollas was driving a fork-lift truck at the company’s site when the truck tipped onto its side and he was crushed under it.

“He was driving without a seat belt carrying a load of tyres. There was a restricted view available to him as he was driving forwards. The requirement to reverse in the fork-lift truck wasn’t being enforced.

“The forklift truck became destabilised and tipped over. The investigator is confident that the destabilising came from riding over a tyre. Because Mr Woollas was driving forward with a stack in front of him he had no chance of seeing anything.

“As the fork-lift truck fell over Mr Woollas was trapped. Workers did their very best to free him and an ambulance was called but tragically he did not survive.”

Mr Woollas’ daughter Emily, in a statement read to the court, said: “So many of us have so many beautiful memories of my dad. His sudden and tragic death has left a huge void in all our lives.”

Malcolm Galloway, for Vacu-Lug, said “The company accepts by its plea that it did not do sufficient.

“This is not a bad company. It had taken health and safety very, very seriously and was doing its utmost to make sure that its employees worked within a safe environment.

“This was a company with systems in place to try and be proactive with health and safety. This is not a case of total failure by the company due to disregard and not caring.”

He said the firm, which has a current turnover of £17 million, has a deficit in its pension fund.

“This is a company that is in a genuinely difficult financial position most of which is not the responsibility of the current management.”

Source Lincolnshire Reporter

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Five people hospitalised after serious road accident

Five people, including two children, have been taken to hospital following a crash on the A18.

The incident happened at around 5.15pm on Wednesday, July 26 after a two vehicle crash was reported close to Hall Farm in Melton Ross Barnetby, near Humberside Airport.

A grey Nissan Navara and a silver coloured Audi estate car collided and a road closure was required to enable the attendance of emergency services.

The injuries to the children are thought to be minor, however one person is believed to have sustained serious injuries.

A man believed to be the driver of the Nissan left the scene of the collision and enquiries were undertaken to locate him without success.

Those enquiries are ongoing.

The road re-opened at 10.30pm.

Anyone with information is asked to call Humberside Police on 101 quoting log 397 of July 26.

Humberside Police originally said that the Audi driver fled the scene of the crash. However, they have now said that they believe the Nissan driver left the scene.

Source – Lincolnshire Reporter

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Worker loses fingers fixing a gate

Company fined £8,000 after worker loses fingers fixing a gate

A company has been fined £8,000 with cost of £2,080 following a Health and Safety Executive (HSE) investigation into the loss of an employee’s two middles fingers.

After LKAB Minerals (Richmond) Ltd’s main entrance gate broke, they assigned the worker to fix it, during which both his fingers were severed. The HSE found the company failed to:

  • identify the risks of the worker doing this task
  • devise safety measures to ensure a safe way of working
  • provide information, instruction and training regarding the task
  • ensure the workers has the correct supervision and monitoring

LKAB Minerals pleaded guilty to breaching Section 2 (1) of the Health and Safety at Work Act 1974 at the Sheffield Magistrates’ Court.

LexisNexis and LNB News

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BT pay damages to worker electrocuted by powerline

BT to pay damages to worker electrocuted by power line
The claimant, cherry picker operator Ian Milroy, was injured by a ‘very high voltage electrocution’ while working as repair hoist operator for BT in August 2009. He and a colleague were checking a fault on a carrier pole, elevated in a cherry picker mounted on the back of a transit van.

While moving the vehicle to allow a horse-rider to pass, Mr Milroy came into contact with the high-voltage power line. He suffered a cardiac arrest and a seizure, along with severe burns, fractures to his back and a brain injury.

He has no memory of the accident, and has since experienced anxiety and depression.

His lawyers sued BT on his behalf, but the company denied blame for the accident.

At a hearing in February 2015, Mr Justice William Davis found BT two-thirds responsible for the accident, and ruled that the training given to Mr Milroy had not been adequate.

On 26 June 2017, Judge David Pittaway QC approved a final settlement of Mr Milroy’s claim. The amount of the payment was confidential, but is a substantial sum given the extent of his injuries.

Lexis Nexis and LNB News

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Steel worker’s hand crushed at work

Steel firm fined £217,000 after worker’s hand is crushed

Cardiff-based steel manufacturing company Rom Ltd has pleaded guilty to breaching safety regulations after a worker suffered crush injuries to his hand. A Health and Safety Executive investigation found the company failed to identify the risks associated with workers manually operating a machine, and that steps were not taken to ensure the machine was correctly guarded.

The worker was removing leftover steel from a machine called the Koch Straightener when he trapped his hand between the rotating rollers inside the machine. He suffered serious crush injuries to his hand and lost the top of his right index finger.

Rom Ltd pleaded guilty to breaching the Provision and Use of Work Equipment Regulations 1998, SI 1998/2306, r 11, and has been fined £200,000 and ordered to pay costs of £17,200.63.

LNB News and Lexisnexis

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Asbestos compensation claims

Asbestos Related Diseases Compensation Claims

Unfortunately lung disease caused by asbestos has been increasing for many years and every year thousands of people are affected by asbestos related lung disease. As well as causing an individual potentially very serious medical harm and personal injury, a lung disease from asbestos can also lead to death in serious cases. If you think you may be suffering from asbestos disease symptoms or have been diagnosed with asbestos lung disease you could be able to claim compensation for asbestos exposure.

Diseases Caused By Asbestos Exposure

Most people who find themselves suffering with an asbestos related disease will have come into contact with asbestos in the workplace, and as the symptoms of asbestos disease can occur many years later the disease may not become apparent until much later. In fact, many people forget they have come into contact with a harmful substance like asbestos until they start to suffer asbestos lung disease symptoms. Exposure can also be secondary for example a spouse or other family members can be exposed to asbestos from another family member bringing it home on their work cloths.

What disease do you get from asbestos? There are a number of different diseases that can be caused by coming into contact with asbestos and they vary in severity; some cause minor health problems but others can cause long term, life threatening illnesses. Some of the most common asbestos related disease include pleural thickening, lung cancer, mesothelioma and asbestosis but there are others.

Making an Asbestos Disease Claim

If you find yourself suffering with an asbestos related disease, it is likely that you will be eligible to make an asbestos disease claim for compensation. Though it is possible to come into contact with asbestos in other ways, the most common is in the workplace. Compensation is claimed against your employer even if they are no longer a trading company.

Examples of asbestos exposure at work include:-

  • Asbestos exposure in schools;
  • Royal Navy asbestos compensation claims;
  • Asbestos in brakes;
  • Turner & Newall asbestos claims;
  • Asbestos claims against British Rail;
  • Asbestos claims against the MOD;
  • Asbestos exposure in the construction of power stations e.g. asbestos lagger.

How Much Compensation For Asbestos Exposure?

Asbestos compensation amounts vary depending on the type of illness you have suffered and the long term health problems you face. Medical expenses, lost wages from time away from work, pain and suffering, and financial losses are all taken into account. Compensation for asbestos related death can also be claimed. It is advisable to speak to asbestos compensation solicitors for advice on the specific circumstances of your case.

How To Claim For Asbestos Exposure Compensation?

Asbestos exposure claims are complex and in order to successfully resolve an asbestos disease claim a great deal of experience and knowledge is required, and that’s where I come in. I have dealt with many successful asbestos claims and have the professional insight required to do so. I understand the stress that can come with making a claim and therefore work hard to keep the process as straightforward and efficient as possible. Above all I strive to maximise the compensation for asbestos victims.

If you have been diagnosed with an asbestos related disease or believe you may have been exposed to asbestos, call me on 01507 609027 or contact me online for a free, no-obligation consultation about your claim.

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Holiday illness claim solicitors

Holiday Illness Compensation Claims

You’ve packed your suitcase, loaded up the car and are about to board the plane after months of anticipation, waiting for that week or two that you can finally relax. The plane finally lands and as you exit you feel the warmth of the sun on your skin and at last you know you are on holiday. The stunning sun and glorious heat provides you with a glimpse of what the next two weeks of your life will be like…

For some people those following days or weeks are far from that vision that they anticipated as they stepped from the plane. Instead of laying in the sun, swimming in the sea and enjoying cocktails by the pool, many find themselves laid in their hotel beds suffering from any number of viruses or stomach upsets that end up ruining both their holiday and the holidays of those with them.

Holiday Sickness Claims Guide

Developing such illnesses on holiday is fairly common and quite often more likely to happen on holiday than at home. There are reasons for this; firstly, it is believed that during your day to day life your body is constantly producing stress hormones that help you fight off infections. The theory is that as you relax the level of these stress hormones in your body drops, making you more susceptible to illness. The second reason is that in your home environment your body has adapted and become immune to certain bacteria and viruses, however, when you visit a foreign country your body is exposed to new bacteria and viruses.

What illnesses might I contract while on holiday?

Common claims for holiday sickness are:

Food poisoning
Salmonella
Staphylococcus aureus
E. coli
Campylobacter
Shigella
Clostridium botulinum bacteria
Legionnaire’s disease

How has the hotel caused my illness?

There are numerous things that the hotel can do that will increase the risk of you getting sick whilst you’re on holiday including:

Using non-filtered water to make ice cubes
Legionnaires disease caused by the ventilation system
Food being left out in heat
Poor kitchen hygiene practices
Use of unpasteurised milk and eggs
Insects contaminating food
Reheating food

Holiday Sickness Claims Procedure

Are there any time limits on making a claim? Yes, time limits do apply. If you are making a claim against a UK tour operator or travel agent then you have three years from the date of the holiday to begin legal proceedings. If the illness was caused from being on a boat or plane (e.g a cruise) then that time limit decreases to two years.

Package Holiday Sickness Claims

If your holiday wasn’t a package holiday then it is still possible to claim against the hotel, but the time limit on making a claim will depend on the country and their local laws.

Do I have a claim?

Not all illnesses suffered on holiday are the fault of your hotel or the tour operator as there are specific holiday sickness claims criteria to be applied, but whatever your situation I can look at your claim and determine whether I can take it further. It is important to speak to specialist holiday sickness claims solicitors about your potential on holiday illness claims. I work on a no-win no-fee basis and you can contact me on 01507 609027 for a free, no obligation consultation.